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2005 DIGILAW 681 (RAJ)

Dara Singh v. State of Rajasthan

2005-03-01

R.P.VYAS

body2005
Judgment R.P. Vyas, J.-The instant petition has been filed by the petitioner seeking a direction against the respondents to consider the candidature of the petitioner for the post of Physical Training Instructor Grade III after granting him 20 bonus marks for the sports certificate (Annex.5). 2. The brief facts of the case are that an advertisement was issued by the respondents on 28.7.2003 inviting applications for the post of Physical Training Instructor. The petitioner has to his credit Bachelors degree in Arts and also obtained Bachelors degree in Physical education from Maharishi Dayanand Saraswati University, Ajmer. The petitioner being eligible for appointment on the said, post applied for the same. The last date of submission of the application form was 18.2003. 3. It has further been averred by the petitioner in the writ petition that he participated in Inter College Cross country tournament while studying in L.LB. Ist year course at Government Loiya College, Churu, which is affiliated to MDS University, Ajmer. 4. Further case of the petitioner is that he submitted the said certificate along with the application form on 8.2003. After submission of the same, he came to know of the fact that the requirement of the present selection is that any State Level Certificate is to be countersigned by the Secretary, Sports Board, University. The said Instructions of the Director, Secondary Education issued to the Dist. Education Board, Churu was not made available to the petitioner prior to submission of the petitioners form. When the petitioner came to know about the said fact, he got the inter-college certificate (Annexure 5) countersigned by the Secretary, Sports Board, MDS University on 18.2003 and submitted the same to the Dist. Education Officer, Churu on 20.8.2003. 5. Further case of the petitioner is that a provisional merit list was prepared by the respondents and the candidates were called for the interview. The interviews were held on 9.2003. Further case of the petitioner is that the last merit of the petitioners category i.e. Scheduled Caste category in Dist. Churu, Sri Ganganagar, Hanumangarh and Bikaner was 62.27%, 60.95%, 63.05% and 55.11% respectively. 6. The controversy involved in the present writ petition is that the sports certificate (Annexure 5) submitted by the petitioner along with the application form was equivalent to State level certificate, but the respondents have not awarded 10 bonus marks for the same. Churu, Sri Ganganagar, Hanumangarh and Bikaner was 62.27%, 60.95%, 63.05% and 55.11% respectively. 6. The controversy involved in the present writ petition is that the sports certificate (Annexure 5) submitted by the petitioner along with the application form was equivalent to State level certificate, but the respondents have not awarded 10 bonus marks for the same. It has further been averred by the petitioner that while the petitioner was granted admission in B.P.E. Course he was granted 20 marks of the said certificate treating it to be as a State level and denying the said marks to the present petitioner on the technical ground that the same was not countersigned by the sports certificate is wholly wrong and the fact remains that before the interview date and prior to 28.2003, the petitioner submitted his certificate duly countersigned by the Sports Secretary of the University. It has also been averred by the petitioner that if the petitioner would have been awarded 20 bonus marks on account of sports certificate (Annexure 5), his marks would have been 71.1 instead of 517. 7. A reply to the writ petition was filed by the respondents and their stand in the reply is that the sports certificate (Annexure 5) submitted by the petitioner is not of State level, and hence, he has rightly not been awarded 10 bonus marks for the same. It has also been contended by the respondents in the reply that since the name of the petitioner did not figure in the merit list, therefore, he was not called for the interview. 8. In this writ petition, the main contention of the petitioner in this writ petition is that the Inter-College certificate is a State level certificate as per the circular dated 17.1.1998 (Annexure 7) and thus, he is entitled to get 20 bonus marks for the same. It has also been argued on behalf of the petitioner that this Court in the case of State of Rajasthan vs. Umesh Jangid (D.B. Civil Special Appeal No. 261/1997 decided on 8.1997) has held that Inter-college tournament certificates are State level certificate. Thus, when it has been held by this Court that inter-college tournament certificate is State level certificate, he is entitled to get 20 bonus marks for the same and he could not be denied the benefit of said certificate on technical ground. Heard the learned Counsel for the parties. 9. Thus, when it has been held by this Court that inter-college tournament certificate is State level certificate, he is entitled to get 20 bonus marks for the same and he could not be denied the benefit of said certificate on technical ground. Heard the learned Counsel for the parties. 9. During the course of arguments, the learned Counsel for the petitioner submits that the controversy involved in the instant case is squarely covered by the decision of this Court in the case of Raees Ahmed Qureshi vs. State of Rajasthan and Ors. (S.B. CWP No. 5300/2003 decided on 1.2005) and the Division Bench of this Court in the case of Umesh Jangir (Supra) 10. Since the controversy involved in the instant petition is squarely, covered by the decision of this Court in the case of Raees Ahmed Qureshi and Umesh Jangir (Supra) and this fact has not been controverted by the learned Counsel for the respondents, therefore, the present writ petition deserves to be allowed in terms of the observations made in the case of Raees Ahmed Qureshi (Supra) and it is held that the petitioner is entitled to get 10 bonus marks on the basis of Certificate (Annexure 5). 11. Accordingly, the present writ petition is allowed in view of the observations made by this Court in the case of Raeesh Ahmed Qureshi (Supra) and the respondents are directed to consider the candidature of the petitioner for appointment on the post of Physical Training Instructor Grade III after granting 10 bonus marks on the basis of Certificate (Annexure 5) and in case after granting 10 bonus marks, if any person who stood lower in merit than the petitioner, has been offered appointment, then the case of the petitioner be also considered for appointment from the date the person less meritorious to him has been given appointment. On his appointment, the petitioner shall not be entitled for the emoluments of the post for the past, however, he will be entitled to claim seniority over the persons who were lower in merit, but have been offered appointment prior to him. 12. With the aforesaid observations and directions, the writ petition is allowed. There will be no order as to costs.